to be paid ſhould be according to the law ſo eſtabliſhed, and not an arbitrary redemption[1]. But afterwards, when, by an ordinance in 27 Hen. II. called the aſſiſe of arms, it was provided that every man's armour ſhould deſcend to his heir, for defence of the realm; and it thereby became impracticable to pay theſe acknowlegements in arms, according to the laws of the conqueror, the compoſition was univerſally accepted of 100s. for every knight's fee; as we find it ever after eſtabliſhed[2]. But it muſt be remembered, that this relief was only then payable, if the heir at the death of his anceſtor had attained his full age of one and twenty years.
3. Primer ſeiſin was a feodal burthen, only incident to the king's tenants in capite, and not to thoſe who held of inferior or meſne lords. It was a right which the king had, when any of his tenants in capite died ſeiſed of a knight's fee, to receive of the heir (provided he were of full age) one whole year's profits of the lands, if they were in immediate poſſeſſion; and half a year's profits, if the lands were in reverſion expectant on an eſtate for life[3]. This ſeems to be little more than an additional relief: but grounded upon this feodal reaſon; that, by the antient law of feuds, immediately upon a death of a vaſal the ſuperior was intitled to enter and take ſeiſin or poſſeſſion of the land, by way of protection againſt intruders, till the heir appeared to claim it, and receive inveſtiture: and, for the time the lord ſo held it, he was entitled to take the profits; and, unleſs the heir claimed within a year and day, it was by the ſtrict law a forfeiture[4]. This practice however ſeems not to have long obtained in England, if ever, with regard to tenures under inferior lords; but, as to the king's tenures in capite, this prima ſeiſina was expreſſly declared, under Henry III and Edward II, to belong to the king by prerogative, in contradiſtinction to other lords[5]. And the king was intitled to enter and receive the whole profits of the land, till livery was
